Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities

This section covers proposed discharges of sewage effluent, or discharges of sewage effluent from a treatment system that is less than or equal to two years old prior to the date of application.

A Registration to discharge sewage can be applied for if the discharge is from:

• less than or equal to 10 domestic properties; or
   
• non-domestic properties with a total population of less than or equal to 50; or
   
• a combination of both domestic and non-domestic properties with a total population of less than or equal to 50;
  
  provided the discharge is outside a phosphate sensitive catchment or is not to a freshwater loch.

A phosphate sensitive catchment is a catchment of a freshwater loch that is at risk of significant nutrient enrichment. These are the catchments of:

• Loch Leven (Perth and Kinross Council).
   
• Lunan Lochs (Perth and Kinross Council).
   
• Loch Flemington (Highland Council).

Other than those discharges into a phosphate sensitive catchment, you can currently apply for a Registration for these activities under CAR. Under CAR, we determine the site-specific treatment required for each application based on several criteria including the size of the discharge, the location of the discharge and the dilution in a watercourse. We intend to continue this risk-based approach to determining the treatment required under EASR, however as we can only apply activity-based sets of standard conditions to registration level discharges under EASR, we have created nine separate activities. This allows for different treatments to be required depending on the site-specific details such as:

• Whether the discharge is to a soakaway, a watercourse or to the sea or an estuary.
   
• The size of the discharge.
   
• For discharges to soakaways, the soil percolation rate. This is a measure of how much treatment the soil provides.
   
• For discharges to watercourses, the dilution that is provided by the watercourse.
   
• For discharges to watercourses, the sea or an estuary, if the discharge near a bathing water or a shellfish water.
   
• If the discharge is of grey water or liquid from a composting toilet.

We understand that it is difficult for applicants to know which activity to apply for. To help with this and to allow a simple and quick application to be made we have developed an online application service. It determines which activity and what treatment is required based on: 

• Information provided by the applicant, such as on the location and size of the discharge.
   
• Information that SEPA holds, such as the location of bathing waters.

The online application service also checks if the discharge is unsuitable, for example if it is near the public sewer or a drinking water supply.

We have set out the activities and their associated standard conditions under the sections of:

• Discharges of sewage to soakaway (activities A1, A2, A3).
   
• Discharges of sewage to a watercourse (activities A4, A5, A6).
   
• Discharges of sewage to coastal and transitional waters (activity A7).
   
• Discharges of sewage to a watercourse, coastal or transitional waters within a zone to protect a bathing or shellfish water (activity A8).
   
• Discharges of grey water or liquid from a composting toilet (activity A9).

Existing unauthorised discharges of untreated sewage to surface water will be subject to authorisation under activities A4 to A8. For these discharges, a condition will be included that outlines specific standard conditions for these activities that will not take effect until 12 months after the date the authorisation is granted. This will allow time for upgrades to be undertaken and sewage treatment systems to be installed.

There is one core standard condition that applies to all sewage discharges. This is:

1. The discharge must not have a significant impact on the water environment as a result of:
   
   (a) iridescence or sheen;
   (b) discolouration;
   (c) deposition of solids;
   (d) increased foaming; or
   (e) microbiological growth.

This condition allows SEPA to take enforcement action if the discharge is having an unacceptable impact on the receiving water environment.

Below are a set of Interpretation of Terms that we will apply to all of these registration level activities.